Court questions maintainability of PIL filed by Advocate, directs police authorities to uphold law and order, ensuring non-discriminatory protection to affected individuals
In a significant ruling, the Calcutta High Court has directed police authorities to strictly enforce law and order and ensure the safe return of citizens displaced from their properties due to post-poll violence. The Division Bench, comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, underscored the necessity for non-discriminatory protection, irrespective of political affiliations, to those affected by the violence.
The judgment was delivered in response to a Public Interest Litigation (PIL) filed by Advocate Sirsanya Bandopadhyay, who raised concerns over the displacement of individuals based on political, community, gender, or religious grounds following recent elections. The petitioner highlighted instances of property damage and loss of life, urging the court to ensure the preservation of evidence such as CCTV footage and video recordings.
The court addressed the issue of the PIL's maintainability, noting that the necessary averments required for entertaining a PIL were absent. The Additional Solicitor General, representing the Union of India, questioned the locus standi of the petitioner, emphasizing that PILs filed by lawyers are subject to certain restrictions. The court acknowledged these concerns, leaving the question of maintainability open for further consideration upon the exchange of pleadings between the parties.
Despite the procedural questions, the court unequivocally directed the police to maintain law and order at the ground level, ensuring affected citizens can safely return to their properties. This directive comes amidst allegations of illegal demolition and bulldozer actions, as highlighted by the petitioner. The court referenced previous judgments, including those in the cases of Susmita Saha Dutta v. The Union of India and Zulfiquar Haider v. State of Uttar Pradesh, to substantiate its decision.
The court's ruling marks a critical step in addressing post-poll violence, reinforcing the state's duty to protect citizens irrespective of political bias. The matter may be referred to a Five Judges' Bench for analogous hearing, contingent upon the exchange of pleadings.
Advocates involved in the case included Mr. Kalyan Bandopadhyay for the petitioner, Ms. Anamika Pandey for the Election Commission of India, and Mr. Dhiraj Kumar Trivedi for the State. The court granted parties the liberty to file affidavits and exceptions within stipulated time frames, ensuring comprehensive examination of the issues at hand.
Bottom line:-
Post-poll violence cases - Police authorities directed to strictly maintain law and order and ensure safe return of citizens to their properties if they were illegally displaced due to post-poll violence.
Statutory provision(s): None explicitly mentioned in the judgment.
Sirsanya Bandopadhyay v. Union of India, (Calcutta)(DB) : Law Finder Doc id # 2898603
